Hutton v. Perry Knitting Co.

Order denying defendant’s motion for a bill of particulars affirmed, with $10 costs and disbursements.' Held, that the defendant must be presumed to be in possession of all the facts respecting the alleged obstruction of the roadway in question, and that the allegation of the complaint as to any loss of custom caused thereby is not such as to entitle the plaintiff to give proof of special damages, and consequently as to that portion of the complaint no bill of particulars is necessary.